Case 17-31795 Doc 265 Filed 02/20/18 Entered 02/20/18 13:24:50 Desc Main

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UNITED STATES BANKRUPTCY COURT

WESTERN DISTRICT OF NORTH CAROLINA
CHARLOTTE DIVISION

In re Chapter 11

BESTWALL LLC,1 Case No. 17-31795 (LTB)

Debtor.

SUPPLEMENTAL DECLARATION OF RICHARD A. SCHNEIDER

Richard A. Schneider hereby declares as follows:

1. I am a partner with the law firm of King & Spalding LLP (“K&S”), and I am duly

authorized to make this Declaration on behalf of K&S. The facts set forth in this Declaration are

personally known to me and, if called as a witness, I could and would testify thereto.

2. On the Petition Date, I submitted the Declaration of Richard A. Schneider

(the “Original Declaration”) in support of, and attached as Exhibit A to, the Debtor’s ex parte

application seeking to retain K&S as special counsel to the Debtor in this chapter 11 case

[Docket No. 27] (the “K&S Application”).2 This Declaration supplements the Original

Declaration to respond to certain inquiries made by the Official Committee of Asbestos

Claimants (the “ACC”).

3. In response to inquiries made by the ACC, I provide the following

additional information:

• K&S did not serve as national coordinating counsel for Old GP or the
Debtor, or perform the broad array of services typically associated with that
role. Among other things, K&S did not prepare case evaluations or
supervise the settlement of cases. K&S served as special counsel on

1
The last four digits of the Debtor's taxpayer identification number are 5815. The Debtor's address is
100 Peachtree Street, N.W., Atlanta, Georgia 30303.
2
Capitalized terms not otherwise defined herein have the meanings given to them in the K&S Application.
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discovery and other issues and prior to 2014, it also served in the expert
witness role later provided by Schachter Harris LLP.

• K&S did not provide advice to Old GP or the Debtor with respect to
whether to settle or the amount at which to settle any individual asbestos
case or group of cases asserted against Old GP and/or the Debtor. K&S
attorneys were also not involved in establishing or implementing settlement
protocols or procedures regarding Old GP’s or the Debtor’s asbestos-related
cases.

• With respect to the medical/scientific research funded by Old GP relating to

testing re-created joint compound and related published articles
(the “Science Articles”), K&S played no role whatsoever in the underlying
events in that K&S did not commission the research, was not involved in
the underlying research itself and had no involvement in the writing and
publishing the results of the research. After the research was underway and
the initial articles were in the course of being prepared, K&S provided
discovery and Daubert advice relating to the research. After disputes arose
with respect to the articles, K&S defended Old GP in those disputes. In the
course of its work, K&S read pre-publication manuscripts for three of the
articles but did not make any edits or suggest any changes to any of the
manuscripts.

• Prior to the Petition Date, K&S performed materially the same role as
counsel for the Debtor as it performed when it served as counsel for Old
GP.

Pursuant to 28 U.S.C. § 1746, I declare under penalty of perjury that the foregoing is true

and correct to the best of my knowledge and belief.

Dated: February 20, 2018 /s/Richard A. Schneider

Atlanta, Georgia
Richard A. Schneider (GA 629569)
King & Spalding LLP
1180 Peachtree Street, N.E.
Atlanta, GA 30309
Telephone: (404) 572-4889
Facsimile: (404) 572-5100